2010 Wyoming Statutes
Title 2 - Wills, Decedents' Estates And Probate Code
Chapter 15 - Absent Beneficiaries

CHAPTER 15 - ABSENT BENEFICIARIES

 

2-15-101. Court may appoint agent to care for property.

 

When any estate is assigned or distributed by a judgment or decree of the court to any person residing out of and having no agent in this state, and it is necessary that some person be authorized to take possession and charge of the estate for the benefit of the absent person, the court may appoint an agent for that purpose and authorize him to take charge of the estate as well as to act for the absent person in the distribution.

 

2-15-102. Bond of agent; compensation.

 

The agent shall execute a bond to the state of Wyoming, to be approved by the court, conditioned that he faithfully manage and account for the estate. The court appointing the agent may allow a reasonable sum out of the estate for his services and expenses.

 

2-15-103. Locating person entitled; proceedings if unable.

 

The agent shall, with diligence, attempt to locate the person entitled to the property and notify that person of the agent's possession thereof. If the agent is unable to locate the person within one (1) year after the agent's appointment, the agent shall advise the court, with a showing of the agent's efforts to locate the person. The court may direct further efforts to locate the person entitled as the court deems appropriate.

 

2-15-104. Disposition of unclaimed property.

 

When real or personal property remains in the hands of the agent unclaimed for one (1) year, the agent shall petition the court for an order directing the sale of the property. If it appears to the court that it is for the benefit of all interested parties the property shall be sold under the order of the court and the proceeds, after deducting the expenses of the sale allowed by the court, be held by the agent in a fiduciary capacity subject to the provisions of the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140.

 

2-15-105. Agent to render annual account; information to be shown; hearing; court may order sale of property.

 

(a) The agent shall render an annual account to the court appointing him showing:

 

(i) The value and character of the property received by him, the portion thereof is still on hand, the portion sold and the proceeds of sales;

 

(ii) The income derived from the property;

 

(iii) The kind and amount of taxes and assessments imposed and whether paid or unpaid;

 

(iv) Expenses incurred in the care, protection and management of the property and whether paid or unpaid.

 

(b) When filed, the court may examine witnesses and take proofs in regard to the account. If satisfied that it will be for the benefit of the persons interested therein, the court may order a sale to be made of the whole or such parts of the real or personal property as appears proper and the purchase money to be held by the agent in a fiduciary capacity subject to the provisions of the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140.

 

2-15-106. Liability of agent.

 

The agent is liable on his bond for the care and preservation of the estate while in his hands and for disposition of the proceeds of the sale as required by this chapter, and may be sued thereon by any person interested, or such suit may be ordered by the court.

 

2-15-107. Repealed by Laws 1993, ch. 213, 3.